Roe v. Wade: The State of the American Constitution
Since 1973, the United States Supreme Court has held that abortion is a right protected by the United States Constitution. That ruling proved a lightning rod, animating two generations of social conservatives and progressives alike. However, the Age of Roe may be coming to a close. Indeed, a recent report indicates that the landmark decision is on the verge of overturn. While conservatives, originalists, and legal formalists often argue that the right to abortion cannot be derived from the constitutional text, living constitutionalists and progressives postulate that overturning Roe would deleteriously regress womens’ rights. Meanwhile, many commentators, scholars, and even judges have sounded the alarm on the legitimacy of the Supreme Court, and in turn the American Constitutional system, not least owing to the circumstances of a recent POLITICO piece leaking the draft opinion overturning Roe. This panel will seek to discuss the law, history, and politics of Roe, and its wider implications for the American Constitution and polity. What does the future hold for a House divided once more?
Professor Jessica Clarke
Professor Jessica Clarke is a Professor of Law at Vanderbilt Law School. Her scholarship focuses on antidiscrimination law, with a focus on sex, gender, and sexuality. She authored an Amicus Brief in the landmark U.S. Supreme Court case Bostock v. Clayton County.
Professor Robin Fretwell Wilson
Professor Robin Fretwell Wilson is the Director of Institute of Government and Public Affairs at the University of Illinois – Urbana Champaign. Professor Wilson’s research interests include antidiscrimination law, religious freedom, and family law. She recently authored the book “Religious Freedom, LGBT Rights, and the Prospects for Common Ground”, with Yale Law School Professor William Eskridge
Dr. Paul Yowell
Dr. Paul Yowell is a fellow of Oriel College, Oxford and an Associate Professor at the University of Oxford’s Faculty of Law. Dr. Yowell’s research interests focus on constitutional design, Comparative Constitutional Law, human rights, and legislation. He recently authored the book “Constitutional Rights and Constitutional Design: Moral and Empirical Reasoning in Judicial Review”